Advice Equita and CTAX LO

[Bailiff Advice]

Can you please send a text to the bailiff to state that he does not have a Controlled Goods Agreement and you would like an explanation as to why a Sale fee of £110 has been added to the account.

[mizzbabyjess]

I have sent that text, he doesn't reply, also my Councillor has also suggested that I text him stating that the account be on hold for 2 weeks while this is being looked into.

[brassnecked]

Perhaps the bailiff has realised he has been caught out cheating, keep all the texts to show the councillor and the CEO.

[mizzbabyjess]

I think thats maybe the case, I'm wondering how many other complaints his had.

Do you think I should send the text about the account being on hold for 2 weeks as suggested?

[mikeymack2002]

If you have a smart phone I would also copy paste the texts to an office type document and forward that to your Cllr. as well as the CEO if not done already. Save a copy to your email adress so you can forward this at anytime it is needed. I would alos ask the LA to get them to inform the EA that this is on "hold" only they can do this.

 

Again if you have a smart phone download a recording app from the store and use it should the EA call on you, then record what is said or video it as well keep it safe as the EA may be lying, this way you will have proof of it.

[mizzbabyjess]

Hi, just an update, this matter is still ongoing, I haven't heard anything back from my local councillor yet.

I have received a letter from Equita addressed to myself, stating that as a goodwill gesture, during the Christmas period they will suspend collection until the new year as long as substantial payments have been made.

Well I have made payments of £1500.

The bailiff got intouch for payment, so I txt him that I had received the letter, & therefore took it that the payments resumed in January as stated in the letter.

He said that it didn't apply to me.

I txt back saying the letter was addressed to me personally.

He the ask for a photo of the letter & then said I still need to pay. I received a message from him yesterday saying he is going to turn up today to remove goods.

I will txt him later asking why that letter was sent and isn't bring adhered to, as I have made substantial payments. I will also send him a photo of the letter.

when he said he was coming today, he said " you owe £500ish"

[brassnecked]

Hi, just an update, this matter is still ongoing, I haven't heard anything back from my local councillor yet.

I have received a letter from Equita addressed to myself, stating that as a goodwill gesture, during the Christmas period they will suspend collection until the new year as long as substantial payments have been made.

Well I have made payments of £1500.

The bailiff got intouch for payment, so I txt him that I had received the letter, & therefore took it that the payments resumed in January as stated in the letter.

He said that it didn't apply to me.

I txt back saying the letter was addressed to me personally.

He the ask for a photo of the letter & then said I still need to pay. I received a message from him yesterday saying he is going to turn up today to remove goods.

I will txt him later asking why that letter was sent and isn't bring adhered to, as I have made substantial payments. I will also send him a photo of the letter.

when he said he was coming today, he said " you owe £500ish"

 

Should this case be referred to MOJ, as clearly Equita are acting like muppets by not controlling their EA.

 

A Formal Complaint to Council CEO and Elected Leader again indicating that their agents are unlawfully taking card payments, as the council is ultimately liable they may not be too happy to find this is still an issue.

[mizzbabyjess]

A Bailiff called today at my home for Council Tax Debt.

I didn't speak to him my daughter did, he also asked her for proof of ID, and he handed her a letter, to be passed to me and said it was urgent that I contacted him.

The actual debt is for £1541.22

Then Compliance Fee £75

Enforcement Fee £239.00

Total £1855.22

I was aware of the debt and had received a letter, but due to personal problems I couldn't deal with it.

I would like to pay this, but should I pay direct to Equita?

and then in form the bailiff I have paid?

Also I can pay the outstanding debt and I was going to ask that I pay the remainder of their fees off.

I will only talk to them by text or email.

I do not have a car.

Any advice greatly appreciated.

[brassnecked]

As the council is unlikely to take the debt back and the fees have been applied it would be better to try to deal with Equita in the first instance.

 

Are you working or on benefits, or a single parent? You do not have to let a bailiff in and he cannot force entry for council tax, I would send an offer of payment to Equita with an I&E to justify the sum offered. As you do not have a car and so long as you don't let them in (a very bad idea ) as if he gains a Controlled Goods Agreement that would open you up to a Sales Fee of £110 if you defaulted on any agreement.

 

BTW the Enforcement fee should be £235.

 

 

Be aware that the Council Tax department may well be operated for the council by Capita who own Equita. Have you claimed any reliefs or benefits you may be entitled to?

[Homer67]

I am just reiterating that you do not let the Bailiff in to your home at all, he/she has no right of entry for a CTAX debt but can make a peaceable entry (through an unlocked door etc) and then carry out a control goods agreement which means the court then owns all of the items listed and the bailiff can then force an entry to claim those goods if you do not pay. Speak to the bailiff through an open upstairs window and tell all family members to do the same, the bailiff should not discuss the debt with anyone other than the debtor, so all your family members have to do is say you are not there (if you are not) and shut the window. Do as BN has said and provide Equita with a payment offer and an income and expenditure list to support the sum you agree to pay back - also once you start paying keep your own record of when and how much you pay so you don't get cash cowed.

[mizzbabyjess]

Thank you,

Equita are saying I have to deal with the bailiff now, but if I want to make a payment I can do so through them or their website, but if it's not paid in full any outstanding balance has to be dealt with the bailiff.

I am going to pay the outstanding CTax amount of £1541 direct to Equita first and then I will text the bailiff to let him know and try and come to an arrangement to pay the remainder.

[renegadeimp]

No arrangement to be made. You still have to pay his fees and chances are he'll want them in one go.

 

As an aside, if you paid the council tax of as you say, you wont pay it off in one go, as the money will be split between fees and the amount owed to the council.

[Bailiff Advice]

Thank you,

 

Equita are saying I have to deal with the bailiff now, but if I want to make a payment I can do so through them or their website, but if it's not paid in full any outstanding balance has to be dealt with the bailiff.

 

I am going to pay the outstanding CTax amount of £1541 direct to Equita first and then I will text the bailiff to let him know and try and come to an arrangement to pay the remainder.

 

Paying just the sum of the council tax will not clear the debt and Equita would be legally entitled to continue with enforcement.

 

The law changed in 2014 and the position now is that when payment is made after a warrant has been issued, the enforcement company are legally permitted to deduct the compliance fee of £75 from your payment and the balance of your payment will then by split on a pro rata basis.

 

It may help to read this the following guidance which I wrote for the forum when the Taking Control of Goods Regulations were introduced in 2014.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct

[Bailiff Advice]

 

BTW the Enforcement fee should be £235.

 

 

The enforcement fee of £239 (instead of £235) is because of the 7.5% uplift in debts over £1,500.

 

http://www.legislation.gov.uk/uksi/2014/1/schedule/made?view=plain

[Leakie]

He did not say he would not pay the fees

he quoted the would pay what was owed for CT to equita and come to an arrangement for the remainder with the EA.

[mizzbabyjess]

I contacted the bailiff early this morning via text message, I stated that I couldn't pay the full amount straight away, but I could make a substantial payment, and if possible come to an arrangement to clear the remainder of the debt over the next couple of months.

I haven't heard anything back, which I'm surprised considering he said it was urgent I contact him.

[Homer67]

Stay off the phone and texting is not recommended. Send an email and keep it or write a letter and keep a copy. Same offer of payment, make sure you get a delivered and read receipt for the email or free recorded delivery for a letter.

[mizzbabyjess]

Hi, I'm looking for some advice,

 

I have an old outstanding council tax bill, which was sent to Equita, I said I would set up a repayment plan with them and spoke to the local authority for them to clarify the amount as I don't agree with the amount they say.

 

I informed Equita that I was speaking to the local Authority and in the meantime Equita sent a repayment plan of £900 per month, which I never agreed to and could never ever afford.

 

Last week I received my new council tax bill and on it is the outstanding amount still owed.

I straight away emailed equita explaining this, and that now payments would be made to my local authority as it seems they have taken the debt back.

I didn't receive a reply from equita.

 

then this morning I have received a text message stating that my account is with an enforcement agent and to prevent removal of goods to call a number

I have now sent another 3 separate emails to equita,

copying my previous email to them and clearly stating they didn't reply,

I have also included one of those as a complaint.

I have also told them I have sent copies to my local authority.

 

It is not like I've been ignoring them.

Edited March 19, 2018 by dx100uk
spacing

[Bailiff Advice]

Did you call the council and did they make an adjustment to the amount owed?

 

How much is the debt that is being requested?

 

Given that the council 'appear' to have included the historic debt in with your new bill, it would seem to indicate that the account has been returned to the council. Almost certainly you need to be speaking with the council to ascertain what is going on with this debt. Please post back once you have spoken with them.

[ploddertom]

Usually if you still owe previous it is not actually added on to your next years bill just listed as outstanding. I get this each year as paying over 12 months always leaves the last month outstanding. Otherwise it would be included in your total to pay for the coming year.

[Homer67]

One word of advice is that there is no right of entry for Bailiffs on Council Tax debts.

 

So don't let them in, best to not open the door at all, speak through an upstairs window to advise the debt has gone back to the council, make it clear you have dealt with it and then go inside, do not let them intimidate you into letting them in.

 

If you have a car parked outside they will still try to clamp it to levy on it so move it away to private property if possible, if not, park a few streets away.

 

They cannot force entry for CTAX debts.

[dx100uk]

is this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?473300-Help-With-Equita-Bailiffs-amp-CTAX-debt

 

linked

[mizzbabyjess]

Yesterday I received 2 emails from my local council, informing me that they had requested the account be put on hold for 2 weeks while I gather my income & expenditure together, and they have advised Equita to come to a payment arrangement with me.

 

This morning I had Equita bailiffs banging on the door, when I explained the situation, the bailiff called Equita who said they were not aware of this, I then had to produced the 2 emails to the bailiff to prove what the Local Authority had sent.

He then left.

Should I inform the Local Authority of this and that Equita are stating they were not aware of the the account being put on hold.

[DragonFly1967]

I love the way the council(s, all of them) say that they'll "request" that these things are put on hold.

 

They're the principle. They tell the EA, not ask nicely if they wouldn't mind just this once as a favour.

[brassnecked]

Wonder if this council has a rampant Capita infestation? (capita own Equita)